Background On CERCLA/EPCRA Reporting Exemption For Animal Waste

In 2008, EPA published a final rule that exempted most farms from certain release reporting requirements under CERCLA and Emergency Planning and Community Right-to-Know Act (EPCRA). The rule exempted animal farms from reporting hazardous substance air releases from animal waste under CERCLA, and only large concentrated animal feed operations (CAFOs) were subject to EPCRA reporting.

In April 2017, the DC Circuit Court of Appeals struck down the final rule, eliminating the reporting exemptions for farms. On November 22, 2017, the D.C. Circuit Court of Appeals granted EPA’s motion to further stay the mandate until January 22, 2018, so that EPA could develop guidance materials to help farmers understand their reporting obligations. Farms with continuous releases did not have to submit their initial continuous release notification until the D.C. Circuit Court of Appeals issued its mandate expended on January 22, 2018. Once the mandate was issued, farms would be required to submit an initial continuous release notification to the National Response Center (NRC) for qualifying releases that occur within a 24-hour period. To expedite initial continuous release notification to the NRC, the temporary email option may be used, which avoids potential large call volumes and delays and allows one email notification for owners/operators with multiple farms. The NRC has updated the email address for such initial continuous release notifications to farms@uscg.mil.